tdiu 100% Unemployability

[Billyboy]

100% Unemployability, I applied for the 100% and was told “Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Service connected disabilities currently evaluated, as 60% do not meet the scheduler requirements for entitlement to individual unemployability”. Then it goes on to explain the 60% for one or 70% combo rule. I’ve been out of work for a year. I had to take my SS early and put a reverse mortgage on the house to make ends meet. Since then I was connected with the 50%, “Major Depressive Disorder (Claimed as post traumatic stress disorder, sleep disorder and night sweats)” and 10% tinnitus. The 60% rating does indeed help. Recently my VA doctor sign the Handicap application for parking and the state of Ca. granted me the handicap card. I doctor stated “LBP + RT Hip pain sciatica + DJD” When he call to tell me about the x-rays he said “severe arthritis of the lower back” Should I re-file for 100% unemployability and if so how should I go about it? Can someone tell me what LBP and DJD means? bill

[Guest jangrin]

100% Unemployability, I applied for the 100% and was told “Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Service connected disabilities currently evaluated, as 60% do not meet the scheduler requirements for entitlement to individual unemployability”. Then it goes on to explain the 60% for one or 70% combo rule. I’ve been out of work for a year. I had to take my SS early and put a reverse mortgage on the house to make ends meet. Since then I was connected with the 50%, “Major Depressive Disorder (Claimed as post traumatic stress disorder, sleep disorder and night sweats)” and 10% tinnitus. The 60% rating does indeed help. Recently my VA doctor sign the Handicap application for parking and the state of Ca. granted me the handicap card. I doctor stated “LBP + RT Hip pain sciatica + DJD” When he call to tell me about the x-rays he said “severe arthritis of the lower back” Should I re-file for 100% unemployability and if so how should I go about it? Can someone tell me what LBP and DJD means? bill

Billyboy,

LBP= Low Back Pain

DJD+ Degenerative Joint Disease

As far as refiling for IU, I would if I were in your position. How long ago did you get denied for IU, was it less than one year?

Jangrin :o

Edited August 19, 2006 by jangrin

[Billyboy]

Last part of March this year, since then (July) the doctor signed for my handicap sticked!

[Patrick428]

Billyboy,

The VA rule is correct. You must have one diability rated at 60% or rated in the same etiology to qualify for IU. Or you must have at least one disability rated at 40% and combined with other disabilities to 70% to qualify for IU. As to your arthritis and other problems, it must also be service connected. If you can show that is is service connected then file new claims for it. If it is just something that has emerged over time and had nothing to do with the military, then you will likely be denied any claims for arthritic conditions,

My suggestion, since you have 50% in Major Derpession, and since it is less than one year since your rating is to either file and NOD on your depression, or request an upgrade in your current status with Major Depression showing that it has worsened. Tinnitis is not going anyhwere because your basically at the maximun rating there, and unless your arthric problems are service related, I would attempt and upgrade in your Major Depression. The next step up is 70%. Along with your other issues may place you in the IU range.

Patrick

[Billyboy]

On the doctors report he listed “LBP + HIP PAIN -PROB SCIATICE VS DJD H/O REMOTE TRAUMA 1960, NO FOCALS SXS X-RAY L SPINE TOP EVAL BONY PATHOLOGY´ The VA has excepted a “Statement of fact” and used it in my MDD (PTSD) claim. It stated that I slipped and on my back while I was I\in the service. Does this help any? bill

[john999]

It is a fact that if you are unable to secure and maintain employment due to your SC disability it does not matter the percentage of disability. However, the VA is going to maintain that you need the 60% or 70% combination. In my case they raised me to 70% from 30% and then eventually granted IU. The other trick is to admit you have the percentage required for IU but some other disability is responsible for your unemployability. The VA gives you the information you need inside the SOC or SSOC they send you. I believe that once you get service connected you can get IU if you draw out the implications of your SC disability. For instance, physical disabilities often result in depression which can be SC'ed. Other times, the side effects of drugs you take can lift your rating. I don't know anyone who wants to give up a good job to be disabled but when it happens you have to use what ever you can to have a stream of income to support yourself.

[Pete53]

Billy:

Welcome to Hadit. Patrick told you the best way in my opinion to get your 50% for Major Depression already service connected boosted to 70% and since you don't work it will be easy to get TDIU. You can continue to work on the other stuff but your ticket is 70% or more for Depression.

By the way if you read the VA regs carefully you will see that your major depressive symptoms and unemployable should be rated 70% minimum. I would low profile some of the issues not service connected with the depression.

All of this is my opinion I will not be injured in the least if someone else shreds it and shows a better way to get to 100%. After all there is more than one way to skin a cat.